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Suing for a constitutional violation

Lindenhurst, NY |

I asked this question before and I just want to make sure that I understood the answers-

You can sue a judge and CPS for selective prosecution in civil court?
Is that correct? Just a yes or a no please.

Many thanks in advance.

Attorney Answers 3


  1. Best answer

    Yes. But your chances of winning are very low, especially if you do this without counsel. And if your law suit is groundless, you could end up having to pay the costs and attorneys fees of CPS


  2. Can you sue? yes.
    Will you win? No.

    NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.


  3. The judge has complete immunity and cannot be sued.

    You could attempt to sue the CPS, but it would almost certainly lose. The CPS did not prosecute. They provided information to the prosecutor, who prosecuted. The decision to prosecute is made by a prosecutor, who has complete immunity and cannot be sued.

    You can try to sue CPS and workers for providing information, but they are required by law to pass information to the prosecutor, rather than deciding on the truthfulness of the information by themselves. If one of the workers had personal reasons to hurt you in particular, the failure of the worker to report this and disqualify himself could be the basis of a lawsuit.

    In a lawsuit about what happened in another court action, the lawsuit will often be dismissed until such time as the complained-of court action gets reversed on direct review by higher courts.

    Contact me at 248-399-6930 for a free consultation. You and I do not have an attorney-client relationship formed by our communications on this website. Advice given by me on this website is general advice based on partial information. You should not rely on any advice given without first hiring a lawyer in the area where the case is pending, and providing that lawyer with full information.